L&W LLP’s Roman Melnik Delivers Oral Argument in U.S. Supreme Court case Kimble v. Marvel Enterprises

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L&W LLP’s Roman Melnik Delivers Oral Argument in U.S. Supreme Court case Kimble v. Marvel Enterprises

April 3, 2015

On March 31, 2015, Roman Melnik, of Lowenstein & Weatherwax, argued before the United States Supreme Court in the case Kimble v. Marvel Enterprises, Inc., urging the Justices to overturn the half-century-old precedent of Brulotte v. Thys Co.   The Brulotte case, which has long attracted widespread criticism, imposes a per se prohibition against enforcement of royalty obligations based on patent license agreements if the licensed patent rights have expired.  L&W LLP’s petition, on behalf of petitioners Stephen Kimble and Robert Michael Grabb, has received support from a wide variety of amici, including research institutions, distinguished scholars and trade associations.  The transcript of oral argument is available here, and the audio recording is available here.  A decision is expected by early June.